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05/18/76 LA SALLE TOWNHOUSES COOPERATIVE

May 18, 1976

LA SALLE TOWNHOUSES COOPERATIVE ASSOCIATION
v.
THE DETROIT EDISON COMPANY



Appeal from Wayne, Harry J. Dingeman, Jr., J.

Bronson, P. J., and Bashara and M. F. Cavanagh, JJ. Bashara, J., concurred. Bronson, P. J. (concurring).

SYLLABUS BY THE COURT

Opinion of the Court

1. Courts -- Jurisdiction -- Public Service Commissions -- Violations of Tariffs or Regulations -- Invalid Rates.

A customer may sue a utility company in a court of general jurisdiction when the customer contends that damage has resulted from a violation of a tariff or regulation or when the customer contends that the rates approved by the Public Service Commission are invalid.

2. Public Service Commissions -- Courts -- Jurisdiction -- Tariff and Code Provisions.

A party aggrieved by the provisions of a tariff or code should seek relief first by an attack upon those provisions before the Public Service Commission and from it to the Ingham County Circuit Court.

3. Public Service Commissions -- Application of Utility Rates.

Customers who claim that the rates applicable to them should be different from those approved by the Public Service Commission and who do not directly challenge the validity of the rates approved by the commission should seek relief from the Public Service Commission.

4. Public Service Commissions -- Application of Utility Rates.

The Public Service Commission is best suited to hear questions concerning the application of rates approved by the commission, since such a determination is particularly within the province of the commission's specialized knowledge and expertise and if the approved rates are found not to apply then the commission can find or approve a rate which would apply.

Concurring by Bronson, P. J.

5. Courts -- Jurisdiction -- Primary Jurisdiction -- Administrative Law.

The doctrine of primary jurisdiction is used to guide a court in determining whether it should refrain from exercising its jurisdiction until after an administrative agency has determined some ...


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